SZSXZ v Minister for Immigration

[2014] FCCA 1134

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZSXZ v MINISTER FOR IMMIGRATION & ANOR [2014] FCCA 1134

Catchwords:
MIGRATION – Non appearance.

Legislation:  

Federal Circuit Court Rules 2001, r.13.03C(1)(c)

Applicant: SZSXZ

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 1327 of 2013

Judgment of: Judge Raphael

Hearing date: 27 May 2014

Date of Last Submission: 27 May 2014

Delivered at: Sydney

Delivered on: 27 May 2014

REPRESENTATION

For the Applicant: No appearance

Solicitors for the First Respondent: Clayton Utz

ORDERS

1. Application dismissed pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001.

2. Applicant to pay the First Respondent’s costs assessed in the sum of $4,500.00.

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT SYDNEY

SYG 1327 of 2013

SZSXZ

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. In this matter an application for review of a decision of the Refugee Review Tribunal was filed by the applicant on 14 June 2013.  On 12 December 2013 the applicant appeared at a directions hearing before me with the benefit of an interpreter.  The matter was then set down for hearing on 15 May 2014.  On 5 February 2014 the applicant was advised by a letter that the hearing date had been changed to today Tuesday 27 May at 10.15 am.  On 20 May 2014 the respondent’s solicitors wrote to the applicant sending him a copy of their outline of submissions and reminding the applicant that the hearing was scheduled for today at 10.15a.m.

2. The applicant was not present in Court at 10.15a.m. nor was he present when his name was called outside the Court at 10.32a.m. In those circumstances the Court accedes to the request of the respondent that the matter be dismissed pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 and that the applicant pay the first respondent’s costs assessed in the sum of $4,500.00.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Judge Raphael

Associate: 

Date:  30 May 2014